non-EEA family member permanent residence application

[irish_sunset]

Dear All,
i want to apply for permanent residence status under EU law (not settled/presettled status). we cohabited from July, 2014 to July, 2016 as non-married couple and my partner was exercising treaty rights as a worker. We have proof of this in the form of utility bills, bank statements etc. got married in august, 2016 and subsequently got a residence card as family member of an eu citizen. during the application for that residence card, we did provide all documents related to our cohabitation so UKVI should have a copy of them as well.

i have read some posts from 2010 on this forum that applications got refused and UKVI will only consider time spent together after marriage. is this still the case?

Please can i ask whats the latest status regarding this issue. could i apply for permanent residence based on 2 years cohabitation and 3 years living together as married couple. if we would not have married at all then we would be eligible for PR based on cohabitation but why should we be punished for marrying. do we have any success stories.
any help would be highly appreciated.

[CR001]

What was your UK immigration status before marriage?

[irish_sunset]

I was on tier 2 visa.

[Zerubbabel]

I think the simple answer is you need 5 years under EEA family card to apply for Permanent Residence.

I have known many people who switched to EEA permits from Tier 4 or other routes but usually it's not possible to combine time under EEA route with time under another route for the purpose of EEA Permanent Residence.

Before 2016 you weren't married to an EEA national and you were on Tier 2. Unless someone else in this forum has a better idea, I don't see how you can claim 5 years under EEA route.

[irish_sunset]

Status under uk immigration and eu regulations can run concurrently so even though i was on tier 2 at the same time my eu family member was exercising treaty rights and we were co habiting as unmarried partners. Would i not be an extended family members for this 2 year period before our marriage?

[CR001]

Status under uk immigration and eu regulations can run concurrently so even though i was on tier 2 at the same time my eu family member was exercising treaty rights and we were co habiting as unmarried partners. Would i not be an extended family members for this 2 year period before our marriage?

For PR under the EU rules, your time only counts form the date of marriage.

The unmarried partner time would only count if you held an EEA extended family member residence card.

Unmarried partners of EU citizens have no automatic righs and time only counts if you hold an EEA RC as an extended family member.

[Zerubbabel]

Status under uk immigration and eu regulations can run concurrently so even though i was on tier 2 at the same time my eu family member was exercising treaty rights and we were co habiting as unmarried partners. Would i not be an extended family members for this 2 year period before our marriage?

There is a huge difference between married / unmarried status.

The spouse of an EEA national doesn't even need the EEA card (at least in theory). The non-EEA spouse is automatically under EEA rules.

If the EEA and the non-EEA are not married, then the story is different. The EEA right has to be demonstrated and starts only when an EEA family member card is delivered.

[irish_sunset]

Hi,

Need advice regarding status as family member EU national when divorce proceedings start. my partner is planning to leave the UK for home country so when the divorce proceedings start she will not be a qualified person i.e. worker.
lets say i file for divorce and she leaves the UK staright away, what are my rights then? presumably it ll take 4 months to finalise the divorce. what will my status be in this time?
how do i apply for retained rights of residence.

Please guide.

[irish_sunset]

... in addition to the query above. i would also like to ask what happens if the EU family member acquire permanent residence in the UK and then the divorce proceedings start and the eu national leaves the UK.

what will be the rights of the non-eu family member during the divorce proceedings before its finalised.
i assume in this case the eu national family member does not need to be a qualified person and even if they leave the UK their permanent residence is valid and the non-eu family member wont be affected?

[irish_sunset]

can any one help me please.